Source: CCC activists chicken out again | The Herald
Nyore Madzianike
Senior Court Reporter
CCC members — Joana Mamombe and Cecelia Chimbiri — charged with faking their abductions in May 2020, yesterday mounted a bid to block a crucial State witness from Econet Zimbabwe from giving evidence in court regarding their call data history.Through their lawyers Mr Alec Muchadehama and Mr Jeremiah Bamu, Mamombe and Chimbiri lodged an application to bar Mr Godfrey Mangezi from testifying saying they were not furnished with his warned and cautioned statement before the trial started.
Mr Muchadehama, however, acknowledged that they were given a statement prepared by Econet.
This is despite the fact that they were furnished with names of witnesses that would be called to the stand as far back as 2020.
Yesterday the State led by Mr Michael Reza had called Mr Mangezi to give evidence on call history and data usage on numbers believed to belong to the two CCC members.
Mr Reza told the court that Mr Mangezi would testify on the number of warrant of search and seizure obtained from his employer.
Said Mr Muchadehama:
“When the matter was about to be set down we were favoured with papers amongst them were witness statements.
“We were not given a statement from the witness the State intends to call.
“As a result we did not know he will be called as a witness. We were given a letter that the witness wrote after being asked certain questions by police. There is no proper statement recorded from this witness, which put us in the awkward position.”
Responding to Mr Muchadehama’s application, Mr Reza told the court that Mamombe and Chimbiri were aware that Mr Mangezi will give evidence from as far back as July 28, 2020.
“On exhibit A1 entry No.7 is a document that was submitted to defence and signed by Mr Bamu on July 28, 2020.
“It says Econet wireless response. It is the document which was prepared by the witness Mr Mangezi and it states the number of warrant of search and seizure.
“That warrant of search and seizure asked Mr Mangezi to provide subscriber details for 0773 519914, 07790140370, 0777570826.
“The information which was required was for Econet to provide subscriber details, registered owners as per EcoCash and call history from May 1 to May 20, 2020.
“The defence was fully aware that Mr Mangezi was coming to testify on registered owners and data usage in respect of those numbers. He will also testify on call history of those numbers and those are three areas of interest to the State,” he said.
Mr Reza told the court that Mr Mangezi would not give evidence which is not contained in the letter he prepared. He also told the court that the State had furnished the CCC members with a print-out of the date and call registers.
“He is not going to testify on anything other than that. Defence was fully aware of the letter. It is not, therefore, correct that they were not fully aware of what that man wants to talk about. We supplied them with registered owners’ documents, data usages form print-out, call history in respect of the two numbers,” Mr Reza said.
He expressed surprise over the duo’s bid to block the witness from giving evidence on the basis of the absence of his warned and cautioned statement.
Chief Magistrate Mrs Faith Mushure is today expected to make a ruling on the CCC members application to bar the witness from testifying in court.